what is a "calendar month notice" and when can i leave rented flat?

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    what is a "calendar month notice" and when can i leave rented flat?

    hi all,
    i am a tenant with a tenancy agreement that started on the 1st of the month. the rented flat is in the uk, london.

    i am ona fixed term tenancy agreement, which also has the following conditional break clause:

    "provided further that the parties hereby further agree that the tenant may bring this agreement to an end by serving two calendar months' written notice on the landlord subject only that such notice may not be served at any time between 1st october 2011 and 1st january 2012 and that consequently this agreement cannot be terminated between the 30th november 2011 and the 28th february 2012"

    my question is: can i give required 2 months' notice on for example 30th september, and move out on the 29th november?

    ... or it would have to be on the 1st of the month - meaning that i would have to give the notice on the 1st of september at the latest in order to leave before entering the 'no-termination' period...

    if anybody can provide a credible answer or point me to some legal references that would be most appreciated.
    many thanks!

    #2
    You are not going to find any case law or legislation because this is a contractual issue - what counts is what the contract says. Usually, tenancy agreements do require you to end a tenancy on the last day of a tenancy period, but your break term makes no such demands, therefore it is not a requirement.

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      #3
      NB the Notice should be 'served' by the 29th ie received. Posting it on the 29th is not sufficient, unless delivered by hand to the LLs address and pref witnessed being delivered.

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        #4
        Originally posted by mariner View Post
        NB the Notice should be 'served' by the 29th ie received.
        Service of notice is not the same as receipt of notice. A notice may be validly served and received later, or not received at all - either way, service would still be valid.

        Comment


          #5
          Originally posted by mr puzzled View Post
          "provided further that the parties hereby further agree that the tenant may bring this agreement to an end by serving two calendar months' written notice on the landlord subject only that such notice may not be served at any time between 1st october 2011 and 1st january 2012 and that consequently this agreement cannot be terminated between the 30th november 2011 and the 28th february 2012"
          AFAIK, the date of service is not included in the notice period. That being the case, this clause doesn't quite make sense, because if you served notice on 30th September (which the clause allows), the notice should expire 30th November (which the clause doesn't allow).

          my question is: can i give required 2 months' notice on for example 30th september, and move out on the 29th november?
          It would be better, because of the aforementioned uncertainty, to serve notice a few days before, e.g. on 28th September, with the notice expiring 28th November.

          Note that, if you post the notice, it will be deemed served two business days later. For example, if you posted the notice on Monday 26th September, it would be served on 28th September. If you deliver the notice by hand, it will be deemed served the same day.

          FYI a calender month is a period such as 1st Jan - 31st Jan, or 20th June - 19th July inclusive.

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